Permanent resident visa for refugees and protected persons

At a glance

New Zealand offers a pathway to permanent residence for people recognised as refugees or protected persons. Mandated refugees (those approved by UNHCR before arrival) who meet the requirements of S3.22 may be granted a permanent resident visa. Convention refugees (those recognised in New Zealand under the 1951 Convention) and protected persons may be granted a permanent resident visa at the discretion of immigration officers, unless they belong to a mass arrival group and were not unaccompanied minors at the time of arrival. [S3.10]

Protected persons whose claim involved one of the specified exclusionary findings (Article 1F exclusion, non-acceptance due to certain provisions, serious reasons for considering an act under s 137(2) of the Immigration Act 2009) cannot apply; their immigration status is determined by the Minister of Immigration. [S3.10]

Applicants may include dependants in the residence application under the usual residence instructions. [S3.10]

How to apply

Eligible applicants must apply for a permanent resident visa in the prescribed manner for residence applications. An application can be lodged at an INZ branch that processes residence visas, but the specific requirements differ depending on how the applicant obtained refugee or protection status. [S3.10] The application process follows the general residence instructions, including the ability to include dependants under R2. [S3.10]

How to apply (Convention refugees and protected persons)

The application must include a copy of the letter confirming the grant of refugee or protection status. It must be made in the prescribed manner (see R2.40). Applications may be made at any New Zealand branch of INZ. [S3.15]

Application form and supporting documents: the application must include the Residence Application (INZ1000) form, two passport photographs, and a Limited Medical Certificate (INZ 1201) and a Chest X-ray Certificate (INZ 1096) for each person included in the application. Immigration officers may waive the application fee and most mandatory lodgement requirements by special direction but cannot waive the core components of the form, photographs, and health certificates. [S3.15]

Statutory declarations for unavailable documents: If a birth certificate for any person is unavailable, a statutory declaration confirming full name, date and place of birth and full names of both parents must be submitted. If documents relating to the custody of any child under 16 are unavailable, a statutory declaration confirming legal custody must be submitted. If overseas police clearances are unavailable for any person aged 17 and older, a statutory declaration must be provided stating whether the applicant has been convicted, found guilty of, or charged with any offences in the relevant countries. [S3.15]

Partnership evidence: The principal applicant and partner must supply evidence to show the nature and duration of their partnership, and that it is a genuine and stable partnership (see F2.20). If such evidence would be unduly difficult to obtain because conditions in the relevant country are such that the country's governmental infrastructure is no longer functioning, or there are circumstances beyond the control of the applicants preventing them obtaining the required evidence, a statutory declaration confirming the duration and nature of the partnership must be submitted. [S3.15]

New Zealand police clearances: INZ will apply for New Zealand Police clearance certificates for the principal applicant and any dependants aged 17 years and over included in the application who have been in New Zealand for more than 12 months at the date the application is made. [S3.15]

How to apply (Mandated refugees)

Mandated refugees must be selected under the refugee quota programme after being put forward by UNHCR. The application must be made in the prescribed manner (R2.40), submitted at an interview with an immigration officer or delegated individual, and processed and decided by the Refugee Quota Branch (RQB). [S3.17]

Application form and supporting documents: The applicant must complete and submit one Residence Application for Mandated Refugees form, two passport photographs of each person included, and separate medical certificates for each person as specified in A4.74.1. RQB immigration officers may waive by special direction any other mandatory requirement for lodgement including the application fee, but cannot waive the form, photographs, or medical certificates. [S3.17]

Evidence of identity and custody: If an original or certified copy of a birth certificate or identity card for any person is unavailable, a declaration confirming full name, date and place of birth and full names of both parents must be submitted. If documents relating to the custody of any child under 16 are unavailable, a declaration confirming legal custody must be submitted and/or a UNHCR Best Interest Determination (BID). For an unaccompanied minor or separated child, a UNHCR BID must be submitted. [S3.17]

Partnership evidence: The principal applicant and partner must supply evidence to show the nature and duration of their partnership, and that it is a genuine and stable partnership (see F2.20). A declaration confirming the duration and nature of the partnership must be submitted if such evidence would be unduly difficult to obtain because conditions in the relevant country render governmental infrastructure non-functioning, or circumstances beyond the control of the applicants prevent obtaining the required evidence. [S3.17]

Health: Applicants selected for the refugee quota programme are exempt from the requirement to have an acceptable standard of health, except where the provisions at A4.74 apply. [S3.17]

Police clearance: The principal applicant and any dependants aged 17 and over must provide a police clearance certificate, less than 6 months old at the time the refugee determination is made, for each country in which they have lived for 12 months or more during the past 10 years. Exceptions are:

• the certificate is required from the applicant's home country, where they have a well-founded fear of approaching the authorities; or
• the authorities of any such country do not generally provide police certificates; or
• the immigration officer deems it unsafe for the applicant to approach the authorities of that country. If overseas police clearances are unavailable for any person aged 17 and older, a declaration must be provided stating whether they have been convicted, found guilty of, or charged with any offences in the relevant countries. [S3.17]

Eligibility criteria

Mandated refugees

Mandated refugees who satisfy the requirements set out in S3.22 may be granted a permanent resident visa. The grant is not subject to the discretionary considerations applying to Convention refugees. [S3.10]

To satisfy the requirements of S3.22, principal applicants must have met the requirements for submitting a Residence Application for Mandated Refugees under S3.17, and an immigration officer must be satisfied that:

• their identity and that of anyone included in the application has been established;
• they are a mandated refugee, recognised as such by the United Nations High Commissioner for Refugees (UNHCR) and their refugee claim is credible;
• all applicants included in the application have been interviewed by an immigration officer or an appropriately delegated individual;
• the relationship between the principal applicant and any partner and/or dependent child(ren) included meets residence criteria;
• the applicant(s) meet character requirements, or are waived from these requirements by an appropriately delegated immigration officer;
• all applicants included in the application meet the health requirements specified for mandated refugees; and
• there are no significant barriers to the ability of any of the applicants to settle into New Zealand. [S3.22]

All applicants granted a permanent resident visa under the mandated refugee category are treated as principal applicants for the purpose of any future requests to sponsor family members under any applicable categories. [S3.22]

Convention refugees and protected persons

Immigration officers have discretion to grant a permanent resident visa to Convention refugees and protected persons, subject to the following exclusions:

• A protected person will be ineligible if, in determining their protection claim, one or more of the following applied:
  • they were excluded from refugee status by Article 1F of the Refugee Convention;
  • their refugee claim (or subsequent claim) was not accepted for consideration on the basis of sections 134(3) or 140(1)(b) of the Immigration Act 2009;
  • a refugee and protection officer determined there are serious reasons for considering the protected person has committed an act outlined in section 137(2) of the Immigration Act 2009. [S3.10]
• Convention refugees and protected persons who arrived as part of a mass arrival group and were not unaccompanied minors at the time of arrival may only apply for a residence class visa if they meet the criteria at C8.20 (see Mass arrival group visa processes). [S3.10]

Protected persons to whom the above Article 1F or other exclusion criteria apply do not have access to this visa pathway. Instead, the Minister of Immigration determines their immigration status. [S3.10]

Dependants

A principal applicant who is eligible to apply may include dependants in the residence application, consistent with the general residence instructions at R2. [S3.10]

Once residence has been approved in principle for dependants included in the refugee or protected person's application, permanent resident visas may be granted to them. [S3.35]

Temporary entry class visas may be granted to overseas dependants before the principal applicant's resident visa application is finalised, if circumstances in the overseas country warrant it. [S3.35]

Requirements for grant (S3.20)

To be granted a permanent resident visa, principal applicants must satisfy immigration officers that:

• their refugee or protection status has been recognised;
• they have established their identity and that of any partner and dependent children;
• the relationship between the principal applicant and any partner and dependent children meets the residence criteria (see R2.1.15 and R3);
• they meet the health and character requirements in A4 and A5, or have been waived from these requirements by an appropriately delegated immigration officer applying A4.60 and A5.25.10 (see also C5.15.5);
• they are not deportable from New Zealand due to the limitation on deportation in section 164 of the Immigration Act 2009 (see also C5.15.5); and
• they were not members of a mass arrival group, unless they were unaccompanied minors at the time of arrival (see C8.5.5). [S3.20]

Refugees or protected persons who have ever held a limited visa are ineligible to apply for a permanent resident visa; they can only be granted a visa under section 61 of the Immigration Act 2009 upon expiry of the limited visa. [S3.20]

Refugees and protected persons who were members of a mass arrival group (excluding unaccompanied minors as described in C8.5.5) must meet the requirements of C8.20 to be granted a permanent resident visa. [S3.20]

Additionally, if any person included in the application has a removal or deportation order in force, an appropriately designated immigration officer must, if appropriate, cancel the removal or deportation order before a permanent resident visa is granted. [S3.30]

Interpretation & edge cases

• Discretion for Convention refugees and protected persons: Unlike mandated refugees, the grant of a permanent resident visa to Convention refugees and protected persons is discretionary. Immigration officers may consider wider factors when exercising this discretion. [S3.10]
• Impact of mass arrival: Mass arrival group members who were not unaccompanied minors are ineligible for this visa. Their residence pathway is governed by C8.20, which requires a successful status review and a period of temporary visa holding. The rules for mass arrival temporary visas and residence are outlined in the Mass arrival concept page. [S3.10]
• Ministerial determination for excluded protected persons: If a protected person falls under one of the exclusionary clauses (Article 1F exclusion, s 134(3)/140(1)(b) non-acceptance, or serious reasons under s 137(2)), they are completely barred from applying for this visa. Their status will be decided by the Minister of Immigration. This could lead to an alternative status, such as a temporary visa or deportation. [S3.10]
• Inclusion of dependants: Dependants must meet the standard residence dependant definitions. The application must be lodged in accordance with R2, and all family members must meet health and character requirements unless waived. [S3.10]
• Entry of overseas dependants: Once residence is approved in principle, overseas dependants included in the application may be granted permanent resident visas. Before the principal applicant's residence visa is finalised, immigration officers may grant temporary entry class visas to overseas dependants if circumstances in the overseas country warrant. [S3.35]
• Waivers and special directions (Convention refugees and protected persons): Appropriately delegated immigration officers may waive the application fee and most mandatory lodgement requirements, but cannot waive the core components: the INZ1000 form, passport photographs, Limited Medical Certificate, and Chest X-ray Certificate. This ensures health and identity verification are maintained while reducing barriers for refugee and protection applicants. [S3.15]
• Statutory declarations as substitute evidence (Convention refugees and protected persons): When original documents such as birth certificates, custody documents, overseas police clearances, or partnership evidence are unavailable due to country conditions or circumstances beyond the applicant's control, statutory declarations may be accepted. This flexibility is essential for applicants who fled their country and cannot obtain official records. [S3.15]
• NZ police check process (Convention refugees and protected persons): INZ obtains New Zealand police clearance certificates directly, relieving applicants of the need to provide these themselves. This applies only to those who have been in New Zealand for more than 12 months at the date of application. [S3.15]
• Mandated refugee application specifics: Mandated refugees are processed by the Refugee Quota Branch, must attend an interview, and submit a different application form. Waivers cover the application fee and many requirements but not the mandated refugee form, photographs, or separate medical certificates (as per A4.74.1). Police clearance certificates are required from all countries lived in for 12+ months, but the immigration officer may deem it unsafe to approach certain authorities; a declaration substitutes for unavailable police certificates. The absence of a birth certificate or custody documents may be replaced by a declaration (and a UNHCR BID when required). [S3.17]
• Limited visa ineligibility: Any refugee or protected person who has held a limited visa at any time cannot apply for this permanent resident visa; they are restricted to a grant under section 61 only. This reflects the serious consequences of holding a limited visa for refugees and protected persons. [S3.20]

Citations

• S3.10 — Permanent resident visas for refugees and protected persons
• S3.15 — Requirements for making an application for grant of a permanent resident visa (refugee or protection status)
• S3.17 — Requirements for making an application for grant of a permanent resident visa (mandated refugee)
• S3.20 — Requirements for grant of a permanent resident visa (refugee or protection status)
• S3.22 — Requirements for grant of a permanent resident visa (mandated refugee)
• S3.30 — Deportation orders
• S3.35 — Entry of overseas dependants of approved refugee or protection status claimants